Equitable Remedies. You hereby agree that Blizzard would be irreparably damaged if the terms of this Agreement were not specifically followed and enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
I also think we have an extra rule in the EU as the court is assuming by default that 99.99999% dont read the terms of conditions to begin with so they cant add stuff like that. And if they do its void by default even if one agrees to it.
i just got an gm response. He said he cant answer about this topic; and i need to e mail legal department; so i sent an email about it. Will wait reply now.
It’s basically saying they can make the rules of whether or not you’ve broken the ToS - you have no recourse to argue and ,ultimately, can take you to court over it if they decide.
Unfair terms are struck down by the courts all the time, and I do consider this to be an unfair term, as the entire justice system is based on being able to dispute and argue relevant points.
That said I am not a lawyer, nor can I afford to sue Blizzard to get the term struck out.